non-court appointed child support agreement and questions about...

[dgunderson1]

I am from Ohio, and I have some questions about child support and parental rights that were established out of court. Since last year, around July of 2015, my ex-fiancé and I have went our separate ways. We mainly have contact face to face when it comes to our 3 year old daughter. Since I have moved, I have been paying her $400 each month in support. This isn't court ordered or anything, and also have as much time as I want with my daughter. I have spoken to an attorney about the case, which he said I am living pretty easy and would be stupid to lose that opportunity since we have agreed upon this outside of the courts. I am currently seeking out the legal advice due to the possibility of her moving out of state without my consent and possibly not being able to see my daughter.

My question is this: With my daughter's mother and I having an agreement verbally made, and a document with Ohio Department of Job and Family Services on how much I pay her in support, would getting a document stating these guidelines and anything else we agree upon, including tax filing of our child and anything else in that matter, and notarized be a good form of legal binding documentation in this situation? If not, then what would be some other options besides the court process?

 

[Zigner]

I am from Ohio, and I have some questions about child support and parental rights that were established out of court. Since last year, around July of 2015, my ex-fiancé and I have went our separate ways. We mainly have contact face to face when it comes to our 3 year old daughter. Since I have moved, I have been paying her $400 each month in support. This isn't court ordered or anything, and also have as much time as I want with my daughter. I have spoken to an attorney about the case, which he said I am living pretty easy and would be stupid to lose that opportunity since we have agreed upon this outside of the courts. I am currently seeking out the legal advice due to the possibility of her moving out of state without my consent and possibly not being able to see my daughter.

My question is this: With my daughter's mother and I having an agreement verbally made, and a document with Ohio Department of Job and Family Services on how much I pay her in support, would getting a document stating these guidelines and anything else we agree upon, including tax filing of our child and anything else in that matter, and notarized be a good form of legal binding documentation in this situation? If not, then what would be some other options besides the court process?

You sure do want to go to a lot of trouble to avoid doing this the right way. Court orders are the friend of ALL parties.

 

[Ohiogal]

I am from Ohio, and I have some questions about child support and parental rights that were established out of court. Since last year, around July of 2015, my ex-fiancé and I have went our separate ways. We mainly have contact face to face when it comes to our 3 year old daughter. Since I have moved, I have been paying her $400 each month in support. This isn't court ordered or anything, and also have as much time as I want with my daughter. I have spoken to an attorney about the case, which he said I am living pretty easy and would be stupid to lose that opportunity since we have agreed upon this outside of the courts. I am currently seeking out the legal advice due to the possibility of her moving out of state without my consent and possibly not being able to see my daughter.

My question is this: With my daughter's mother and I having an agreement verbally made, and a document with Ohio Department of Job and Family Services on how much I pay her in support, would getting a document stating these guidelines and anything else we agree upon, including tax filing of our child and anything else in that matter, and notarized be a good form of legal binding documentation in this situation? If not, then what would be some other options besides the court process?

I would love to know why the attorney didn't warn you that you have NO court enforceable time with your child without a court order and that the $400 you are paying could be considered a GIFT if she goes to court. And you could be hit with back support without a court order. What happens when you two don't get along and she goes for back support?

 

[dgunderson1]

You sure do want to go to a lot of trouble to avoid doing this the right way. Court orders are the friend of ALL parties.

I know it sounds crazy, and I have put a lot of thought into this. And trust me, I am fully prepared to go to court for this. My main reasons why I don't are due to the definite increase of child support if this was to happen and the possible outcome of only having my daughter on specified days. So far we have been pretty cooperative with each other, and I have my daughter every day for 4 hours after she gets out of preschool and have her every other weekend. I work 3rd shift and I'm mainly afraid that I will lose many of these privileges I already have.

 

[Zigner]

I know it sounds crazy, and I have put a lot of thought into this. And trust me, I am fully prepared to go to court for this. My main reasons why I don't are due to the definite increase of child support if this was to happen and the possible outcome of only having my daughter on specified days. So far we have been pretty cooperative with each other, and I have my daughter every day for 4 hours after she gets out of preschool and have her every other weekend. I work 3rd shift and I'm mainly afraid that I will lose many of these privileges I already have.

The other person who posted to this thread (Ohiogal) is a family law attorney in your state. (Just FYI)

 

[dgunderson1]

I would love to know why the attorney didn't warn you that you have NO court enforceable time with your child without a court order and that the $400 you are paying could be considered a GIFT if she goes to court. And you could be hit with back support without a court order. What happens when you two don't get along and she goes for back support?

I understand all of this, and my attorney has already informed me of this as well. I'm just trying to keep it the same way without going through a major hassle and making things a lot worse than what they are.

 

[Zigner]

My question is this: With my daughter's mother and I having an agreement verbally made, and a document with Ohio Department of Job and Family Services on how much I pay her in support, would getting a document stating these guidelines and anything else we agree upon, including tax filing of our child and anything else in that matter, and notarized be a good form of legal binding documentation in this situation? If not, then what would be some other options besides the court process?

Without having a court order, NONE OF THIS IS ENFORCEABLE.